Legal Opinion

Keith v. Keith

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 22 opinions

Appeal from Lafayette Circuit Court. — Hon. J. P. Strother, Judge. (1) The executor’s deed was erroneously admitted in evidence. It should have been recorded in this state. (2) The very same (and only the same) faith and, credit must be given this alleged will, probate thereof, and executor’s deed as would be given thereto in a Kentucky court.

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Appeal from Lafayette Circuit Court. — Hon. J. P. Strother, Judge. (1) The executor’s deed was erroneously admitted in evidence. It should have been recorded in this state. (2) The very same (and only the same) faith and, credit must be given this alleged will, probate thereof, and executor’s deed as would be given thereto in a Kentucky court. Pennoyer v. Neff, 95 U. S. 723. That being so, by the law of Kentucky, these documents would not be admitted, because: (a) The Kentucky supreme court decides that a Kentucky executor has no power to act beyond the limits of that state, and cannot appeal…

1Opinion of the CourtBlack, J.

This is a suit between the children and grand-children of James M. Keith for the partition of two hundred and eighty acres of land in Lafayette county. John Johnson is a defendant because of a deed of trust held by him on two hundred and forty acres of the same land.

On the first trial, the court held the deed of trust to *226be a valid lien on the land. That judgment was reversed on an appeal prosecuted by the parties opposed to Johnson (80 Mo. 125). On the second trial, the circuit court held the deed of trust to be of no validity as against the children and grand-children of James M. Keith. No…

2Cases cited16 opinions

  1. McCormick v. SullivantSupreme Court of the United States · 1825
  2. Hamilton v. MarksSupreme Court of Missouri · 1876
  3. Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
  4. Slayton v. SingletonTexas Supreme Court · 1888
  5. Lucas v. TuckerIndiana Supreme Court · 1861

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Sternberg v. St. Louis Union Trust Co.Illinois Supreme Court · 1946
  2. Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  3. Harrison v. WeatherbyIllinois Supreme Court · 1899
  4. Bird v. SellersSupreme Court of Missouri · 1894
  5. Hines v. HinesSupreme Court of Missouri · 1912

17 more not listed; retrieve them via the Exa API.

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